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PKNIC
- Internet Domain Registration Policy
Updated from PKNIC
Website on 18 Feb, 2003. |
The
applicant who wants to register a domain name under .PK must
read and agree to the PKNIC policy, stated below.
- The
registration of a domain name is a listing service. The
listing service of names within the .PK delegated name
space is undertaken on a First Come - First Served basis
(except in cases where it infringes upon a registered
tradename), moderated by the .PK domain's administration
policies as determined by the delegated authority (PKNIC).
The registration function does not trade in, or license
in any way any entity (including the listing requesting
entity) to trade in the requested name.
-
If a party claims that a domain name already registered
with PKNIC violates their registered tradename, or an
obvious derivation of their registered company name, PKNIC
reserves the right to transfer the domain to the claiming
party provided that they had registered tradename, trademarks
or registered company name at least one year before the
registration date of the domain name in question registered
with PKNIC. In this, and all other matters, decision of
a court of law with proper jurisdiction in Pakistan, if
so sought, will be final.
- Effective
from May 15, 2001, there will be no requirement for any
local presence and no Admin contact needs to be present
in Pakistan Although desirable, the domain name under
.PK may not be physically present in Pakistan. However
there must be at least one Admin contact located in Pakistan.
Exception to the requirement for a local Admin contact
are those multi-national companies that have offices in
more than three countries and annual revenue in excess
of US$ 5 Million per year.
- Any
claim to trade name or copyright under .PK domain name
is considered valid ONLY if it is registered with an official
trade-name/copyright/patent office in Pakistan.
- Acceptance
of the listing entry by the delegated authority confers
no rights to the applicant regarding the legitimacy or
otherwise of the association of the name with the applicant,
nor does it confer to the applicant any other rights associated
with ownership of the name, or any rights to its use.
- No
adjudication is made within the registration function
as to whether the applicant has a legitimate right to
a name. The applicant in lodging the request for a name
informs the delegated authority that they are asserting
a claimed right to a name.
- In
the case of conflicting name requests between an applicant
and an existing listing held by the delegated authority,
it is left to the parties concerned (applicant and listed
entity) to resolve such matters, and report to the delegated
authority if the resolution includes a change of registration
details.
- Domain
names may be removed from the registration function's
records upon receipt of written advice indicating that
the list entry should be removed from the registry, on
condition that the original applicant (or corporate entity)
submits the advice to the delegated authority.
- All
registration information will be considered as information
within the public domain, and will be accessible using
the Internet as the publication vehicle. No provision
is made concerning acceptance of information under any
imposed condition of confidentiality or non-disclosure.
- Effective
from May 15, 2001, there will no restriction for the domain
name to match the company or its trademarks. For .PK domains,
except for .WEB.PK and .BIZ.PK, the domain name must be
an obvious derivation of the official name of the applicant
body, OR one of its registered trademarks. (e.g., starTrek.com.pk
will not be registered for an applicant with title "Shahid
Associates".)
- Effective
from May 15, 2001, there will no restriction for generic
names, and these can be registered under any .pk name.
Generic names, and names of cities, countries, famous
people, etc. will not be registered under any PK domain
except .BIZ.PK and .WEB.PK. Generic names and brand names
are allowed in BIZ.PK domain.
- The
party requesting registration of this name certifies that,
to her/his knowledge, the use of this name does not violate
trademark or other statues.
- Registering
a domain name does not confer any legal rights to that
name and any disputes between parties over the rights
to use a particular name are to be settled between the
contending parties using normal legal methods.
- Certain
words that are deemed derogatory, or offensive will be
not be permitted in a domain name. The list of these words
is provided by PKNIC Advisory Group members, and may be
amended from time to time by PKNIC, based on the recommendations
of the Advisory Group members.
- Any
domain name whose commonly understood usage results in
an obvious attempt at significantly conveying hate, or
derogatory material against any religion, person, living
or dead, city or a sovereign entity, or a public office,
title or any branch of Government of Pakistan, will be
subject to de-activation and deletion. Any such action
about a domain name shall be taken by PKNIC on the recommendation
of its Advisory Group members, provided that the name
of the targeted person, entity, or religion etc is a part
of the domain name. If the name of the domain is not questionable
in this way, PKNIC shall not examine or take into account
the contents of any web site associated with a domain
name.
- If
a domain name unambiguously matches the name of a famous
person of Pakistan, whereas that person has been mentioned
in the news media for no less than ten instances (referred
to as "Famouse Person" here), such domain name
will require a "No Objection" clearance from
the Famous Person, when PKNIC is notified of the existence
such a domain name, by any interested party.
- A
recurring maintenance fee of Rs 1000 per year is charged
for each domain name registered with PKNIC. This fee is
collected in advance annually or every two years and covers
unlimited domain modification requests.
- The
domains under .GOV.PK and domains for Government owned
educational institutes are exempted from the maintenance
fee charges.
- The
maintenance fee is non-refundable even if the domain name
is asked to be deleted by the applicant.
- PKNIC
has neither the resources nor the legal obligation to
screen requested Domain Names to determine if the use
of a Domain Name by an Applicant may infringe upon the
right(s) of a third party. Consequently, as an express
condition and material inducement of the grant of an applicant's
("Applicant") request to register a Domain Name,
Applicant represents, agrees and warrants as follows:
-
Applicant's statements in the application are true
and Applicant has the right to use the Domain Name
as requested in the Application;
- Applicant
has a bona fide intention to use the Domain Name on
a regular basis on the Internet;
- The
use or registration of the Domain Name by Applicant
does not interfere with or infringe the right of any
third party in any jurisdiction in Pakistan, with
respect to trademark, service mark, tradename, company
name or any other intellectual property right;
- Applicant
is not seeking to use the Domain Name for any unlawful
purpose, including, without limitation, tortuous interference
with contract or prospective business advantage, unfair
competition, injuring the reputation of another, or
for the purpose of confusing or misleading a person,
whether natural or incorporated.
- PKNIC
WILL NOT BE LIABLE FOR ANY LOSS OF USE, INTERRUPTION OF
BUSINESS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS). REGARDLESS
OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF PKNIC HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
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